Terms of Participation and Code of Conduct in the PivotPoint 16 Hackathon
Hewlett Packard Enterprise, Inc. (“HPE”) will facilitate an event relating to software coding and development (the “Event”) subject to the following terms and conditions (the “Terms”). The Event supports the mission statement and the execution of that mission statement of the United States Department of Housing and Urban Development (“HUD”), which HPE is facilitating the Event for. By signing to these Terms, you acknowledge and agree to be bound to these Terms in relation to this Event as set out below. Any other participants who take part in the Event shall be known as Participants.
- Working Together.HPE, HUD, you, and the Participants will evaluate and discuss various topics in the course of the Event to jointly develop knowledge relating to software coding and development (collectively, the “Joint Knowledge”).
- Ownership of Preexisting IP / Use of Joint Knowledge.Any of your intellectual property provided or created as part of the Event (“Participant IP”) may be included in the Joint Knowledge. You hereby grant to each of the other Participants, HUD, and HPE a perpetual, irrevocable, royalty-free license to use Participant IP within their own organizations to the extent that such Participant IP is incorporated in the Joint Knowledge. HPE and HUD shall furthermore be permitted to use the Participant IP as part of the Joint Knowledge for internal purposes (e.g., the execution of the HUD mission statement) and in HPE and HUD publications, provided that no Participant IP will be specifically attributed or identified to you.
- Confidentiality.You agree to keep in confidence and not to use or disclose any of HPE, HUD, or the other Participants’ Confidential Information. Notwithstanding the foregoing, Confidential Information does not include information that is (i) or comes into the public domain without violation of this Agreement, (ii) independently developed by the receiving party, or (iii) already in the possession of the receiving party. Furthermore, in the event that you are required to disclose Confidential Information to a court pursuant to a valid court order, such disclosure shall not be a breach of this Agreement; provided that you give the relevant party prior notice so that it can seek an appropriate protective order. All documents supplied by you to HPE and HUD in connection with the Event will, upon written request, be returned by HPE and HUD to Participant or destroyed, provided that HPE and HUD may retain a copy for its records subject to the obligation to maintain such copy confidential in accordance with this agreement.
- Videotape Consent.In joining the Event, you consent to being recorded in image and voice during the working sessions. These recordings may only be used by HPE and HUD to evaluate the program and to synthesize insights, and will be deleted within 6 months from the end of the Event.
- Representations and Warranties. You represent and warrant that the rights granted in and to the Participant IP pursuant to Clause 2 hereunder will not infringe the intellectual property rights of any third party and you will obtain all the necessary rights to grant the license in Clause 2.
- Limitations of Liability.In connection with the Event, HPE and HUD may furnish you with information, analyses or other materials (the “Materials”). You understand and agree that the Materials will be furnished solely for your information and internal use and may not, without the prior written consent of HPE or HUD, otherwise be used, circulated, quoted or disclosed outside of your organization. The Materials are provided as is, without any express or implied warranty, including but not limited to warranties of merchantability or fitness for a particular purpose. In no event shall HPE or HUD be liable to you or any person claiming through you, including without limitation your owners, parents, affiliates, security holders, or creditors, for any damages or losses relating to or arising out of the Event or the Materials, including without limitation indirect, consequential, incidental or special damages (including without limitation lost profits), even if HPE or HUD knew or should have known of the possibility of the same. While common issues may be discussed, you are expected to decide what is best for your own business and act accordingly. As such, while HPE and HUD are organizing this Event it is not responsible for the content of any discussions by Participants. You should confer in advance with your own legal advisors as to what may be discussed or pursued with other Participants, including, if any, potential joint activity or competitively sensitive information. As consideration for participating in the Event and receiving the Materials, you hereby waives any rights and claims you may have at any time against HPE or HUD with regard to the Event or the Materials.
- General Clauses. The validity and construction of this Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding the conflicts-of-laws principles thereof. This Agreement states the entire agreement and understanding of the parties on its subject matter and supersedes all previous agreements, arrangements, communications, and understandings relating to that subject matter. The parties are independent contractors, and nothing in this Agreement shall be deemed to constitute any party a partner, joint venturer, employer, employee, master, servant, principal, or agent of any other party or of any other person. This Agreement may be executed in counterparts.
- Code of Conduct. Harassment includes offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, nationality, or religion, sexual images in public spaces, deliberate intimidation, stalking, following, photography or audio/video recording against reasonable consent, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Photography is encouraged, but other participants must be given a reasonable chance to opt out from being photographed. If they object to the taking of their photograph, comply with their request. It is inappropriate to take photographs in contexts where people have a reasonable expectation of privacy (in bathrooms or where participants are sleeping). Participants asked to stop any harassing behavior are expected to comply immediately. As this is a hackathon, we like to explicitly note that the hacks created at our hackathon are equally subject to the anti-harassment policy. Sponsors and partners are also subject to the anti-harassment policy. In particular, sponsors should not use sexualized images, activities, or other material. Sponsor representatives (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment.
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of hackathon staff immediately. The Event staff will be happy to help participants contact any local security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the Event. We value your attendance. If a participant engages in harassing behavior, the Event organizers may take any action they deem appropriate. This includes warning the offender, expulsion from the Event with no refund (if applicable), or reporting their behavior to local law enforcement.
We expect participants to follow these rules at the Event and workshop venues and Event social events.