Applicants are free to discuss their submission and the ideas or technologies that it contains with other parties; encouraged to share ideas/technologies publicly; encouraged to collaborate or combine with other teams to strengthen their solutions; and are free to contract with any third parties, as long as they do not sign any agreement or undertake any obligation that conflicts with the Challenge rules, terms and conditions.
Upon submission, each Applicant warrants that he or she is the sole author and owner of the work and any pertinent Intellectual Property (IP) rights, that the work is wholly original of the Applicant (or is an improved version of an existing work that the Applicant has sufficient rights to use—including the substantial improvement of existing open-source work), and that it does not infringe any copyright or any other rights of any third party of which Applicant is aware. Each Applicant also warrants that the work is free of security threats and/or malware.
Applicants retain ownership of the data that they develop and deliver under the scope of the Challenge, including any software, research or other intellectual property (“IP”) that they develop in connection therewith, subject to the license granted to Federal Agency sponsors as set forth herein.
Each Applicant must clearly delineate any Intellectual Property (IP) and/or confidential commercial information contained in a submission that is owned by the Applicant, and which the Applicant wishes to protect as proprietary data.
Upon award, the Challenge winner(s) irrevocably grants to JPEO-CBD a government purpose rights license to use, modify, reproduce or disclose the technical data, idea or concept within the Government without restriction and outside the Government for a Government purpose. The period during which government purpose rights are effective is negotiable. The clause at 252.227-7013 provides a nominal five-year period. Either party may request a different period. Longer periods should be negotiated when a five-year period does not provide sufficient time to apply the data for commercial purposes or when necessary to recognize Challenge winner’s interests in the data.
Applicants grant to JPEO-CBD a limited, non-exclusive, royalty-free, worldwide license and right to reproduce, publically perform, publically display, and use the Submission to the extent necessary to administer the Challenge, and to publically perform and publically display the Submission, including, without limitation, for advertising and promotional purposes relating to the Challenge.
All materials submitted to JPEO-CBD as part of a submission become JPEO-CBD records and cannot be returned. Any confidential commercial information contained in a submission must be designated at the time of submission.
FOIA: Submitters will be notified of any Freedom of Information Act requests for their submissions, in circumstances in which 29 CFR 70.26 applies.
Representation, Warranties and Indemnification
By entering in the Challenge, each Applicant represents, warrants, and covenants as follows:
Applicant is the sole author, creator, and owner of the Submission;
The Submission is not the subject of any actual or threatened litigation or claim;
The Submission does not and will not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
The Submission does not and will not contain any harmful computer code (sometimes referred to as “malware,” “viruses” or “worms”); and
The Submission, and Applicants’ use of the Submission, does not and will not violate any applicable laws or regulations, including, without limitation, applicable export control laws and regulations of the U.S. and other jurisdictions.
If the Submission includes any third party works (such as third party content or open source code), Applicant must be able to provide, upon request, documentation of all appropriate licenses and releases for such third party works. If Applicant cannot provide documentation of all required licenses and releases, Federal Agency sponsors reserve the right, at their sole discretion, to disqualify the applicable Submission. Conversely, they may seek to secure the licenses and releases and allow the applicable Submission to remain in the Challenge, while reserving all rights with respect to such licenses and releases.
Participation in this Challenge does not create any privity of contract with the Government. The Challenge is not a procurement contract, or any other form of contract express or implied, and does not obligate the Government to expend appropriated funds. The Government shall in no circumstance be liable for any costs incurred related to preparation for or participation in this Challenge. Applicant(s) understand and agree that the decisions and actions of the Government, as they relate to this challenge, are final, binding, and are not subject to challenge in any dispute resolution forum. There is no waiver of sovereign immunity related to this Challenge.
Applicants must indemnify, defend, and hold harmless the Federal Government from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising from Applicant’s Submission or any breach or alleged breach of any of the representations, warranties, and covenants of Applicant hereunder.
The Federal Agency sponsors reserve the right to disqualify any Submission that, in their discretion, deems to violate these Official Rules, Terms & Conditions, or is not otherwise in the best interest of the Government.