Hack2React Survey

Thank you for attending MITRE’s “Hack2React” deep-learning hackathon event in Charlottesville, April 13-15.
Please take a few moments to complete this brief survey with your feedback.

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Hackathon Participation Agreement

This Participation Agreement (“Agreement”) is between The MITRE Corporation (“MITRE”) having a principal place of business at 7515 Colshire Drive, McLean, VA 22102 and you (“Participant”) for partaking in the MITRE’s Hack2Reack Hackathon event scheduled for 13 April 2018 through 15 April 2018 (the “Event”). By selecting “Yes – I Accept” below you hereby acknowledge and agree to abide by the terms and conditions of this Agreement. Participant and MITRE may be referred to herein singly as a “Party” and jointly as “Parties.”

1. BACKGROUND

The Event will be located at MITRE’s Charlottesville site located at 1001 Research Park Boulevard, Suite 220, Charlottesville, VA 22911. Participants are expected to develop algorithms and methods on a hospital identification or a medical event case in Africa, or both (the “Purpose”). Participant must compete as part of a group consisting of no less than two (2) and no more than five (5) total individuals (each group, a “Team”). It is the Participant’s obligation to identify the Team, and all Team members, prior to 5 pm Eastern Standard time Friday 13 April 2018 to MITRE. MITRE, at MITRE’s sole discretion, will group any Participant not yet a member of a Team into a Team of MITRE’s choosing.

Participants entering on behalf of or representing a company, institution, or other legal entity are responsible for confirming that their participation and entry does not violate any policies of that company, institution, or legal entity. Participants bear all costs incurred in the preparation of Event entries.

In consideration of the mutual covenants contained herein, MITRE and Participant hereby agree to comply with the terms and conditions as set forth in this Agreement.

2. PARTIES’ RESPONSIBILITIES

2.1 MITRE's responsibilities:

(a) MITRE will provide Participant with network connectivity to MITRE’s development framework and access to MITRE’s proprietary automation framework for data exploration (“Symphony”) with MITRE-provided data (the “Data”) hosted in Amazon Web Services for use solely during the Event (“Environment”).

(b) MITRE may award a cash prizes to Teams with the best solutions. Evaluating entries and determining one or more winning entries are within MITRE’s sole discretion. MITRE may find any entry to be unacceptable for any reason, and may deem such entry disqualified. A disqualified entry will not be evaluated or considered for an award. If no eligible submissions are entered in the Event, or in MITRE’s sole discretion, an award will not be made. All awards are a one-time offer. MITRE will make no offer of licensure, royalty, or any other financial compensation beyond the awards. Participants receiving awards are responsible for all taxes and reporting requirements related to any award received from MITRE as part of the Event.

2.2 Participant’s Responsibilities:

(a) Participant will access the Environment and use the Data to identify baseline locations, patterns-of-life, and detect abnormalities in accordance with Purpose specified above. During the Event Participant shall access the Environment solely for the Purpose specified above. Participant shall use the Data, geospatial analysis, social media analysis, and machine learning capabilities solely for the Purpose specified above. Participant must bring their personal laptop to use during the Event. All personal laptops are subject to MITRE’s security inspection. MITRE may, in MITRE’s sole discretion, prohibit the use of any personal laptop or other device during the Event.

(b) Participant agrees the Environment, Data, Symphony, or any information arising from, derived from, developed from, or otherwise obtained pursuant to the Event is not to be used as the sole basis for decision making in any actual, non-simulated, activity. MITRE expressly disclaims any liability for any such activities.

(c) Participant hereby grants permission to MITRE to record, on photography and video, pictures of Participant during the Event. Participant permits MITRE to use Participant’s name, and all material photographed, in any form, for any purpose, including but not limited to publications, brochures, or any other printed or online materials used to promote MITRE. Participant hereby agrees that such use by MITRE will be without payment of fees, royalties, special credit or other compensation to Participant, its successors or assigns.

(d) Participant shall provide a written description of Participant’s technical approach. Such written description shall be suitably clear, detailed, and appropriate for public dissemination. Such description will be considered “New IP” in accordance with Section 8, Title, below.

(e) Participant hereby grants to MITRE and U.S. Government the right to (i) review Participant’s entry; (ii) share the entry and any materials created by Participant in connection with the Event with U.S. Government entities, MITRE’s sponsors, Event administrators, and any of their successors, assigns, and designees.

(f) Upon termination of the Event, Participant must cease all use of the Environment and Symphony and expunge all MITRE-provided data from Participant’s personal devices and files.

(g) All members of a Team must satisfy the eligibility requirements enumerated in Section 5, Representations and Warranties.

3. CONFIDENTIALITY

The existence of this Agreement, the terms and conditions hereof, the activities contemplated hereby, and other information including without limitation all data, simulations, technical information, and technology Participant receives or accesses pursuant to this Agreement is considered proprietary and confidential (the “Confidential Information”). Participant shall maintain the confidentiality of all such Confidential Information and will use no less than a reasonable degree of diligence and care to prevent the unauthorized disclosure, reproduction, or distribution of such Confidential Information to any third party. Confidential Information does not include: (a) information that is already in the public domain as of the date of disclosure to Participant; or (b) information already known to Participant, as of the date of the disclosure to Participant, unless Participant agreed to keep such information in confidence at the time of its original receipt; or (c) information hereafter obtained by Participant, from a source not otherwise under an obligation of confidentiality to MITRE; or (d) information that Participant is obligated to produce under order of a court of competent jurisdiction, provided that, Participant promptly notifies MITRE of such an event and assists MITRE with obtaining an appropriate protective order.

4. LICENSE GRANTS

MITRE hereby grants Participant a non-exclusive, paid up, revocable, non-transferrable license to access the Environment and use Symphony and the Data solely during the Event, and solely for Participant’s activities in furtherance of the Purpose. No other access to the Environment or use of Symphony or the Data by Participant is licensed or authorized. Without limiting the foregoing, Participant expressly agrees Participant does not have any right to: (a) permit any third party to access the Environment, or use Symphony or Data; (b) copy, distribute, sublicense, or otherwise provide any third party access to Symphony or any Data provided as part of the Event; and (c) modify, enhance, or create substantially derived forms of Symphony or the Data.

5. REPRESENTATIONS AND WARRANTIES

Participant represents and warrants: (a) Participant is at least eighteen (18) years of age; (b) Participant is a U.S. Person, as defined in https://www.law.cornell.edu/uscode/text/22/6010; (c) Participant is not on the U.S. Commerce Department Lists of Parties of Concern (https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-co...) or is any other sanctioned entity ineligible to enter or otherwise participate in the Event; (d) Participant is not a MITRE employee or a U.S. government employee; (e) all information Participant submits is true and complete to the best of Participant’s knowledge; (f) Participant has the right and authority to participate in the Event; (g) all submissions by Participant or Participant’s Team are Participant’s or the Team’s own original work, and does not misappropriate third-party intellectual property rights.

6. AUDIT

MITRE reserves the right to audit Participant’s records, data, and activities to verify compliance with the terms and conditions set forth in this Agreement. Participant agrees to promptly notify MITRE of any violations or breach of such restrictions, or of any unauthorized access to the Environment or use of Symphony or the Data.

7. TRADEMARKS

MITRE is a registered trademark of the MITRE corporation. MITRE’s trademarks and marks of third-party vendors and data suppliers may appear within the printed materials and electronic manifestations made available to Participant during the Event. Participant has no right to use, remove, or reproduce such marks without written permission from the owner of such marks.

8. TITLE

Participant acknowledge that all rights to the Environment and the Data, including any associated written materials and other documentation provided under this Agreement, belongs exclusively to MITRE or MITRE’s third-party providers. Participant agree any Intellectual Property including but not limited to algorithms, application programming interfaces, compositions and structures, concepts, designs, diagrams, documentations, know-how, data analysis methods, models, procedure and processes developed during the Event (“New IP”) shall be jointly owned by the Parties without right of accounting.

9. WARRANTY DISCLAIMER

THE EVENT AND ALL RELATED DATA AND TECHNOLOGY ARE PROVIDED BY MITRE “AS IS.” MITRE HEREBY DISCLIAMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY

10.1 IN NO EVENT WILL MITRE BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY PARTICIPANT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, GENERAL, OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE ENVIRONMENT OR DATA REGARDLESS OF WHETHER PARTICIPANT HAS ADVISED MITRE OR MITRE HAS ADVISED PARTICIPANT OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 MITRE is not responsible for, and Participant hereby releases MITRE from, any claim for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete or late entries.

10.3 MITRE is not responsible for: (a) Any incorrect or inaccurate information, whether caused by a participant, printing errors, or by any of the equipment or programming associated with or used in the Event; (b) unauthorized human intervention in any part of the Event; (c) technical or human error that may occur in the administration of the Event or the processing of entries; or (d) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Event.

11. ASSIGNMENT

Participant may not assign Participant’s rights and duties under this Agreement to any party at any time.

12. TERM AND TERMINATION

The term of this Agreement will commence on the date of the Event and shall automatically expire 16 April 2018. Section 3 (Confidentiality), 5 (Representation and Warranties), 6 (Audit), 7 (Trademarks), 8 (Title) shall survive the termination of this Agreement.

13. GENERAL

3.1 At MITRE’s sole discretion:

(a) MITRE reserves the authority to cancel, suspend, or modify the Event, or any part of it, if any fraud, technical failures, any other factor beyond MITRE’s reasonable control impairs the Event’s integrity or proper functioning, or for any other reason as determined by MITRE.
(b) Any compromise to the fair and proper conduct of the Event may result in Participant’s disqualification, or other remedial action.
(c) MITRE reserves the right to extend or modify the dates of the Event, and to change the terms set forth herein.

3.2 This Agreement constitutes the entire agreement of the Parties, and no amendment to the terms of this Agreement will be effective unless in writing and signed by both Parties hereto.

3.3 Participant agrees to abide by all applicable laws and regulations, including U.S. Export Control laws, while participating in the event.

3.4 Participant agrees that any breach of this Agreement by Participant may cause irreparable damage, and that, in event of such breach, in addition to any and all remedies at law, MITRE will have the right to seek an injunction, specific performance or other equitable relief to prevent the continuous violations of the terms of this Agreement.

3.5 Notwithstanding anything herein to the contrary, MITRE shall not be liable for any delay or failure in performance caused by circumstances beyond MITRE’s reasonable control.

3.6 This Agreement does not constitute an agency relationship, partnership, or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such an agency relationship, partnership, or joint venture.

3.7 The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision is severed from this Agreement.

3.8 All notices and communications required or permitted under this Agreement will be in writing to the Party’s address as identified and will be sent by registered or certified mail, postage prepaid, return receipt requested, or electronic mail, with confirmation of receipt.

3.9 Participant agrees this Agreement is governed and enforced in accordance with the laws of the Commonwealth of Virginia.

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