I am submitting to the Austen BioInnovation Institute (“ABIA”) certain ideas and information having to do with the development of new products and processes as candidates for acceptance into ABIA’s IDEAS program (collectively referred to as the “Submission”). I understand that ABIA does not receive unsolicited ideas or information under any circumstances or conditions expressed or implied that could create a confidential relationship or a contractual relationship between ABIA and the idea submitter. Therefore, in making this Submission, I agree to the conditions printed below and further agree that these conditions apply to ABIA.
Austen BioInnovation Institute in Akron IDEAS Submission Terms and Conditions
1. Non-Confidential Submission.
Only non-confidential information (such as information which has been disclosed in a public forum) is included in my Submission. All information disclosed to ABIA and this Submission will be considered as non-confidential public information, except for any personally identifiable information which I may submit to ABIA, which will be dealt with in accordance with ABIA’s Privacy Statement. I understand that this website is not intended for the transfer of confidential information or of confidential intellectual property that has not been protected by any applicable patent, trademark, copyright and design registrations (collectively “IP Rights”) and that I will not include any such information or intellectual property with my Submission. I understand that the non-confidential disclosure which I am making with this Submission is designed to provide ABIA only with enough information to enable ABIA to make a preliminary assessment of interest in my Submission while still preserving my ability to protect any confidential information and intellectual property with IP Rights according to applicable law. I agree to contact my University Technology Transfer Offices, if applicable, or my legal counsel if I have any questions as to whether the information I am submitting is considered “non-confidential”.
2. Further Discussion.
If ABIA is interested in further discussions about my Submission, an ABIA representative will contact me. All information disclosed by me and such further discussions will also be non-confidential. If, in the future, both ABIA and I decide that we need to discuss confidential information, then we will sign a written confidentiality agreement. I understand that ABIA will only receive and treat information as confidential if the information is covered by a formal, written confidentiality agreement signed by me and an authorized representative of ABIA prior to the time I disclose my confidential information to ABIA.
3. Decision Not to Pursue.
ABIA will not be obligated to provide me with any explanation as to why ABIA may ultimately decide not to pursue my Submission.
4. IP Rights.
I will rely solely on my intellectual property rights, such as any applicable IP Rights to protect information included with my Submission. I understand that the protection I have for information included in my Submission is limited to the scope of my IP Rights. I understand that I must seek appropriate legal protection from my IP Rights (for example, filing a patent application or trademark registration with appropriate government patent and trademark offices) before disclosing my ideas to anyone (including ABIA or any other party) on a non-confidential basis, or I may risk losing the ability to protect my ideas with IP Rights according to applicable law.
5. No Grant of Rights to ABIA.
I am not granting ABIA any commercial rights to my IP rights by my Submission. However, I understand that any aspect of my Submission that is not protected by my valid enforceable IP rights or a written formal contract may be commercially used by any third party including ABIA.
6. No Return of Submission Materials Because of Complications Involved.
ABIA will not have any obligation to return any materials (including, for example, drawings, photos and prototype models) included in the Submission.
7. Representations of Age.
I acknowledge that ABIA will only receive submissions from persons 18 years or older. By agreeing to these Terms and Conditions, I represent that I am 18 years or older.
8. Representation of Ownership.
I represent and warrant that to the best of my knowledge I am legally free to make this Submission and that I am either the owner of the Submission or the authorized representative of the owner of the Submission and I have the authority to disclose the ideas and information contained in the Submission under these Terms and Conditions.
9. No Other Agreements.
I understand and agree that there are no other agreements or understandings that apply to my Submission, that any prior agreements or understandings are superseded, and that no modifications or exceptions to these Terms and Conditions will apply unless agreed to by both me and ABIA in a formal written contract.
10. Applicable Law.
The website from which this document was downloaded (“Website”) these Terms and Conditions and any Submission made pursuant to this website is governed by the substantive law of and is subject to the exclusive jurisdiction of the State of Ohio, USA, without regard to any principal, conflict or choice of laws that would cause the application of the laws of another jurisdiction.
11. Subsequent Disclosures.
Each of the above conditions applies to materials included in my original Submission as well as to anything I may later disclose to ABIA, orally or in writing, unless ABIA and I have reached a prior agreement signed by me and an authorized representative of ABIA.