Terms & Conditions

I hereby apply to participate in Global Remote Mentoring project (Project) facilitated by IBM India Private Limited or any of its subsidiaries or affiliates (collectively, ‘IBM’). By applying to the Project, I expressly agree to and consent to abide by below mentioned terms and conditions of this Agreement.

1. Subsequent to my application, IBM may, at it’s own discretion, invite me to participate in the Project. Project includes IBM facilitating, without any fees or consideration payable by me to IBM, mentorship opportunity (for a pre-determined time period) with designated IBM experts/mentors with an intention to teach and improve my knowledge on real life technical problem solving skills, project delivery concepts and communication skills.  
2. I acknowledge that the opportunity to apply and/or participate in the Project without any fees or consideration payable to IBM is sufficient,full and final consideration for any Assignment or license granted by me to IBM under this Agreement.
3. This application by me does not promise any guaranteed invitation to me by IBM to participate in the Project, but rather registration as a potential entrant. I understand that I am 18 years of age or older and a college student as described in Clause #5 and in compliance with Clause #6.  
4. I shall promptly furnish any document or evidence required by IBM to substantiate the information provided by me at the time of application to the Project.
5. I understand that the program is open to students who are enrolled full-time at a two, three, four or five year accredited college or institute or University in India and who are registered members of IBM University Relations program. 
6. I am aware that employees of IBM or their immediate family and/or household members are not eligible to apply and participate in the program. I represent that I am not disqualified because of this condition as enumerated in this Clause 6.
7. I am aware that I am allowed to apply only once for this Project, and if re-applying, it should be only with prior permission from IBM and copies of such permission shall be mandatorily made a part of the application(s) subsequent to the first application to this Project.
8. I declare that all technical information provided by me, at the time of this application or during my participation in the Project, are my original creations and does not infringe any third party rights. Further, I declare that the technical information provided in this application or during my participation in the Project has not been declared winner of any previous award/contest elsewhere, is not publicly available, is suitable for publication and does not violate any laws of India. 
9. I covenant that I shall use/access IBM provided software(s), if provided to me during the Project, only for the reasons to participate in the Project and I shall not attempt to use or use the IBM provided Software(s) for any other usage such as commercial usage or for any use outside the scope of the Project.
10. By submitting this application, I grant to IBM a worldwide, irrevocable, nonexclusive, fully paid up and royalty-free right and license to use, execute, reproduce, display, perform, sublicense, distribute, , modify and prepare derivative works of any information provided by me in this application or during my participation in the Project in whole or part and in any form which is not subject to Clause 19.
11. I agree and understand that IBM has no obligation to (a) pay me any monetary consideration for my participation in the Project and that the opportunity to participate in the Project is sufficient, full and final consideration for any Work performed by me under this Project.
12. I consent to the use of my name, likeness, and biographical information for marketing, advertising and promotional purposes worldwide without limitations and without additional consideration. By submitting this application, I permit IBM to store and use my contact information, including names, phone numbers and e-mail addresses and transmit the same worldwide within IBM. Such information will be processed and used in connection with IBM's business, and may be provided to contractors, consultants, and others for uses consistent with IBM's business. Irrespective of whether IBM selects and invites me to participate in the Project, I accept IBM’s Online Privacy Statement provided at below link for all information/content I provide to IBM.https://www.ibm.com/privacy/details/us/en/
13. IBM confidential information (“CI”) means any information which is confidential in nature including information which is designated by IBM as confidential and which is disclosed to me in writing or by oral or visual presentation..
14. I shall treat CI in the strictest confidence and shall under no circumstance disclose publish or disseminate or abet in the disclosure, publication or dissemination of the same.
15. I shall use CI only for the purpose for which it was disclosed to me and for the benefit of IBM.
16. I acknowledge that I may disclose the CI only to IBM employees who have a need to know after obtaining IBM’s written permission.
17. I shall destroy all materials containing CI upon completion or termination of my participation in the Project, however I agree that the disclosed CI continues to be subject to these terms and conditions including restrictions on disclosure, publication, dissemination and use of the CI forever.
18. IBM and I recognize that no obligation of confidentiality applies to any information that is or becomes publicly available without breach of this Agreement.
19. I hereby assign to IBM my entire right, title, and interest in any idea, concept, technique, invention, design (whether the design is ornamental or otherwise),computer programs and related documentation, other works of authorship, mask works, and the like (all hereinafter called "Developments"), hereafter made, conceived, written, or otherwise created solely or jointly by me, whether or not such Developments are patentable, subject to copyright or trademark protection or susceptible to any other form of protection which:
    1. is result from any task assigned or suggested to me by IBM during my participation in the Project; or
    2. is a result of work performed by me related to this Project.

    I declare that I am legally entitled to assign my entire right, title and interest in Developments to IBM and have not executed any Agreement with an accredited college or institute or University of which I am student or any other third party which interferes or prevents me from assigning my entire right, title and interest in Developments to IBM. In the event of a claim against IBM on this issue, I will defend IBM at my own expense, hold harmless and indemnify, including legal fees.

    IBM and its licensees, successors, or assigns (direct or indirect) are not required to designate me as an author of any Development which is subject to this Clause 19, when it is distributed, publicly or otherwise, or to secure my permission to change or otherwise alter its integrity. I hereby waive and release, to the extent permitted by law, all rights in and to such designation and any rights I may have concerning modifications of such Developments.

    I understand that any rights, waivers, releases, and assignments herein granted and made by me are freely assignable by IBM and are for the benefit of IBM and its subsidiaries, licensees, successors, and assigns.

    In connection with any of the Developments assigned by this Clause 19, I will promptly disclose them in writing to the IBM Designated Expert/mentor assigned to me; and I will, on IBM's request, promptly execute a specific assignment of title to IBM or its designee, and do anything else reasonably necessary to enable IBM or such designee to secure a patent, copyright or other form of protection therefore in the United States and in other countries. In addition, I agree to promptly notify IBM in writing of any patent or patent application in which I am an inventor but which is not assigned by this Clause 19 and which discloses or claims any Development made, conceived, or written during my participation in the Project. I also agree to promptly notify IBM after the completion or termination of my participation in the Project , if I am contacted by anyone or any entity outside of IBM regarding any transaction, legal or governmental proceeding, litigation or other legal dispute concerning or relating to any of the Developments assigned by this Clause 19.

20. IBM shall not be responsible for any damages arising out of the use of information disclosed under this Agreement.
21. Neither this Agreement nor any disclosure of information made under it grants me any right or license under any trademark, copyright or patent law in any territory of the world now or subsequently owned or controlled by IBM.
22. The laws of India shall govern the rights, duties and obligation arising from or relating in any manner to the subject matter of this Agreement. Disputes arising out of this Agreement shall be finally resolved by the exclusive jurisdiction of the courts of Bangalore, India. I agree to comply with all applicable export and import laws, regulations and associated embargo and sanction regulations, including prohibitions on export for certain end uses or to certain end users.
23. I will defend, hold harmless and indemnify, including legal fees, IBM, against third party claims that arise or are alleged to have arisen as a result of my negligent or intentional acts or omissions or breach by me of any term of this Agreement.
24. I will defend, hold harmless and indemnify, including legal fees, IBM from third party claims that any technical information provided by me, at the time of this application or during my participation in the Project, infringe the intellectual property rights of a third party. In addition, if such a claim is or is likely to be made, I will, at its own expense, exercise the first of the following remedies that is practicable:
    1. obtain for IBM the right to continue to use, sell and license the said information consistent with this Agreement;
    2. modify it so they are non-infringing and in compliance with this Agreement;
    3. replace it, with non-infringing ones that comply with this Agreement; or
    4. at IBM’s request, accept the cancellation of it without IBM having any cancellation liability and the return of the it at my expense and refund any amount paid.IBM will give me prompt notice of third party claims against it, and cooperate in the investigation, settlement and defense of such claims.
25. I shall provide to IBM or its designees with a certificate of originality in respect of Developments in a format required by IBM. In my absence from the rolls of the University at the time such request is made, the certificate of originality shall be provided by my University.
26. In addition to these terms and conditions, IBM may impose other conditions specific to the program from time to time. Participants are requested to refer to such terms and conditions, which may be displayed or intimated from time to time.
27. I understand that nothing in this Agreement renders me as an employee of IBM. This Agreement neither creates an employment relation nor an agent-principal relationship or such other relationship between me and IBM.
28. This Agreement is the complete and exclusive agreement regarding the subject matter herein and replaces any prior oral or written communications between IBM and me regarding the same. By according my consent, I agree to these terms and conditions and shall comply with them.