IMPORTANT-READ CAREFULLY: This Non-Disclosure STATEMENT ("NDA") is a legal agreement binding you (either an individual or a single entity) ("Recipient") to confidentiality about the material(s), especially the Consortium Agreement, downloaded from this page ("Materials"). BY DOWNLOADING, COPYING, OR OTHERWISE USING THE MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS NDA. IF YOU DO NOT AGREE TO THE TERMS OF THIS NDA, DO NOT DOWNLOAD; COPY, OR USE THE MATERIALS.

1. General

a.    The Parties ("Discloser") of the GN3plus project ("Project") have signed a Consortium Agreement under the project in order to detail the scope of the work to be undertaken, and to clarify and establish the rights and obligations of each of the Parties in the performance of the Project.

b.    The proposer is interested in submitting a proposal for funding under the Open Calls process and seeks access to the Consortium Agreement, which is confidential information of the Project. For the sole purpose of understanding they would inform themselves of the terms and conditions required to subscribe to ("Purpose").

c.    In case of being awarded funding through the Open Calls process, you may be required to sign this Consortium Agreement or join the Project as a third party of an existing member of the GN3plus consortium..

2. Confidentiality

a. Confidential Information includes all information, in any form, disclosed to a Party in connection with the preparation and submission of the Proposal, which the disclosing party:  (i) clearly marks as "Confidential"; or (ii) if disclosed orally, at the time of disclosure the disclosing party indicates it to be "confidential" and within thirty (30) calendar days reduces it to physical form and marks it as "Confidential". Confidential Information shall include the Consortium Agreement.

b. During the term of this NDA, the proposer shall not disclose or distribute the Confidential Information to anyone except its own employees, or employees of its consulting firms, who reasonably need to have access to this Confidential Information and who have entered into confidentiality and use restriction undertakings not less protective of Confidential Information than those contained herein. A proposer shall use Confidential Information only for the Purpose hereunder, unless agreed to expressly in writing by the Discloser.  

c. The obligation of confidentiality does not apply to information that the proposer party can establish:

(i)  is at the time of disclosure already publicly available or subsequently becomes available to the public through no breach by the proposer party of this NDA;
(ii) is lawfully obtained by the proposer party from a third party without an obligation of confidentiality, provided such third party is not, to the proposer party's knowledge, in breach of any confidentiality obligation relating to such information;
(iii) is developed by the proposer party independently from and without reference to the other parties' Confidential Information;
(iv) is required to be disclosed by law or the rules of any governmental organization, provided that written notice of such judicial action was given to the disclosing party and that the recipient party fully cooperates with the disclosing party seeking confidential treatment for any such disclosure; or
(v) is approved for public release by written agreement of the disclosing party.

d.    Nothing herein shall obligate the Discloser to disclose any particular information.

3. Term

This NDA shall take effect with accepting it. This NDA shall continue in force from the date of this NDA, and shall terminate if and on the date that

a.    the proposers funding application is rejected.
b.    the proposers funding application is awarded the Project and it is necessary to sign a corresponding Consortium Agreement.
c.    as to an individual Party, when such Party withdraws from this NDA with 30 days prior written notice.

The confidentiality obligations of proposer hereunder shall survive any termination or expiration of this NDA for a period of one year.

With termination, proposer shall delete all Confidential Information.

4. Intellectual Property Rights

Nothing in this NDA shall be deemed to assume or provide for the transfer of ownership of any intellectual property rights. All intellectual property rights including, without limitation, copyright in any material provided hereunder, shall vest in and at all times remain vested in the originator of that intellectual property.

5. Miscellaneous

a.    Recipient shall not be entitled to claims against the Disclosers, especially in respect of claims for damages, unless one of the Disclosers behaves willfully or with gross negligence.
b.    Any publication of the contents thereof may only be made with the express agreement of the Disclosers.
c.    This NDA shall be governed by the laws of the United Kingdom.
d.    This text represents the complete and full agreement. No verbal side-agreements exist.
e.    Any changes to this NDA must be made in writing. This applies also to the revocation of the requirements for the written form.

 

I Agree

​​I Disagree