Launchmetrics Hackathon Confidentiality, Release, and Waiver Form

By ticking this box, you (the “Participant”) have agreed to this Non-disclosure, Release and Waiver terms (the “Release Terms”) and to participate in the Hackathon taking place from the 17th - 21st November 2022 in Paris (“Hackathon”) organized by Launchmetrics France SA as part of the Launchmetrics Group (“Launchmetrics”).

Confidentiality

Participant agrees to the confidentiality obligations set forth herein in connection with their participation in Hackathon.

CONFIDENTIAL INFORMATION

Participant understands and agrees that, as part of Participant’s participation in the Hackathon, Participant may be furnished with or otherwise have access to information and data, whether disclosed in writing, orally or by other means, that Launchmetrics and its affiliates consider to be confidential, which may include, but is not limited to, Launchmetrics and its affiliates’ database and network, personally identifiable information, business, financial and technical information, developmental processes and procedures, research, existing and future product information, samples, prototypes, test methods, raw material information, equipment, designs, data, computer programs and software (including source and object code), algorithms, trade names or proposed trade names, ideas, concepts, flow charts, diagrams, devices, inventions, patterns, vendor information, equipment, reports, forecasts, prices, cost and personnel data, methods, techniques, trade secrets, processes and know-how, whether tangible or intangible and whether or not stored or compiled physically, electronically, graphically or in writing (collectively, the “Confidential Information”).

USE OF AND DUTY TO PROTECT CONFIDENTIAL INFORMATION

Participant agrees to use the Confidential Information only for the purpose of the Hackathon and to secure, protect and maintain the confidentiality of the Confidential Information of Launchmetrics. Participant shall not use Confidential Information except as necessary for the Hackathon and shall not sell, transfer, publish, disclose, or otherwise use or make available any portion of Confidential Information to third parties. Participant’s confidentiality and non-use obligations hereunder shall continue indefinitely.

RIGHT TO NOTICE

In the event that Participant: (a) receives a request to release Confidential Information in accordance with applicable law, pursuant to a duly authorized subpoena, court order or government authority; or (b) wishes to disclose Confidential Information in order to permit Participant to prosecute or defend any claim hereunder; Participant shall provide Launchmetrics with prompt written notice of (a) and/or (b) in order to permit Launchmetrics to seek a protective order or other appropriate remedy protecting its Confidential Information from disclosure and Participant shall limit the release of the Confidential Information to the greatest extent possible under the circumstances.

OWNERSHIP; NO LICENSE

Confidential Information disclosed to Participant is and shall remain the exclusive property of Launchmetrics. No license or other right under any patent, trademark, copyright or other proprietary or intellectual property right is implied or granted hereunder.

OBLIGATION TO RETURN CONFIDENTIAL INFORMATION

As soon as reasonably practicable upon receipt of a written request from Launchmetrics (but in no event longer than five (5) days from receipt of such request), Participant must deliver to Launchmetrics all tangible materials containing or embodying the Confidential Information.

INJUNCTIVE RELIEF

Participant agrees that if Participant should breach or threaten to breach the confidentiality obligations hereunder, in addition to any other remedies it may have at law or in equity, Launchmetrics will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions hereof. Participant specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered or incurred by Launchmetrics as a result of a breach of any of the provisions hereof. In the event that Launchmetrics should seek such relief, Participant hereby waives any requirement for the submission of proof of the economic value of any Confidential Information. Participant shall notify Launchmetrics immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach hereof by Participant and will cooperate with Launchmetrics in every reasonable way to help Launchmetrics regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.

Waiver and Release

HACKATHON PARTICIPATION

Participant agrees to actively participate in the Hackathon and Participant understands and acknowledges that their participation in the Hackathon is completely voluntary. Participant also understands that they will not be compensated for participating in the Hackathon.

PHOTOGRAPHS AND VIDEOS

Except where prohibited, by participating in the Hackathon, Participant understands that the Hackathon may be photographed, videotaped, recorded, etc. and hereby grants Launchmetrics the right in perpetuity throughout the world to use, to distribute or to publish their name, photo and/or likeness, biographical information, entry and statements attributed to Participant (if true) for advertising and promotional purposes in any manner or media that Launchmetrics sees fit including without limitation in Launchmetrics’ website or corporate social media accounts without Participant’s review or approval and without compensation. 

Participant waives any right to inspect or approve any picture or likeness so used  or the copy used in connection therewith, or the use to which it is applied. Participant releases and  discharges Launchmetrics and those acting pursuant to its permission or upon its authority from any liability resulting from the production, reproduction or use hereunder of the Participant’s picture, or likeness, including any  liability for any distortion, optical illusion, alteration or other circumstance that may occur or be produced  in connection therewith. 

Participant understands and agrees that no consideration or compensation is payable  by Launchmetrics to the Participant and that above-mentioned use or publication of the Participant’s pictures or  likeness is made by Launchmetrics in reliance upon the Participant consenting to these Release Terms. 

GENERAL RELEASE AND WAIVER

Participant, on behalf of themself, their personal  representatives, heirs, assigns and next-of-kin, hereby releases, waives, forever discharges, indemnifies  and covenants not to sue Launchmetrics, its predecessors, subsidiaries and affiliates, together with each of those  entities’ respective past and present officers, directors, partners, shareholders, employees, and agents,  for any and all loss, damages, claim, demand, action or right of action, arising from or by any reason  resulting or to result from participation in the Hackathon. 

General

NO PARTNERSHIP; NO OBLIGATION

Neither Participant that consented to these Release Terms nor Participant’s  participation in the Hackathon shall create a partnership, joint venture, employment or other legal or business  relationship between Launchmetrics and Participant; nor does it create or imply any obligation to enter into such a  relationship.  

WAIVER

No delay or omission in exercising any right by Launchmetrics hereunder will operate as a waiver of  that or any other right. A waiver or consent given on one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion. 

CHOICE OF LAW AND FORUM

These Release Terms shall be governed entirely by French law, without reference to rules governing choice of laws. For all matters relating to the validity, interpretation or performance of these Release Terms, the Parties agree to do whatever is necessary to settle their disputes amicably. In the absence of an amicable settlement, the Parties submit to the exclusive jurisdiction of the Commercial Court of Paris, expressly waiving any other jurisdiction that may apply depending on the place of performance of the contract or the address of the defendant.

SEVERABILITY

The invalidity or unenforceability of any provision hereof shall not affect the validity  or enforceability of any other provision hereof. 

SURVIVAL

These Release Terms shall survive execution of any other agreement between Launchmetrics and Participant unless otherwise expressly agreed in writing.