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Terms of Participation in SIGNATE Competition
Article 1 Definitions
1. For the purpose of these Terms, the following terms shall be defined as follows:
(1) “Site” means the website “SIGNATE (https://signate.jp)” on which the Competitions are posted.
(2) “Competition” means any competition on AI development or data analysis on the Site as held by the Host.
(3) “Host” is the host(s) of the Competition. The Host may be SIGNATE, Inc. (hereinafter referred to as the “Company”) or the Company’s client companies, affiliated companies, schools or organizations, etc. (hereinafter referred to as the “Client(s)”).
(5) “Submissions” means, collectively, the analysis and prediction results, prediction models and reports, etc. as submitted in the Competition.
(6) “Final Submissions” means the Submissions submitted by a Participant that the Participant has specified as a final submission on the prescribed page in the Site by the time of completion of a Competition.
(7) “Winner Candidate” means the Participant who has received a notice from the Company that he/she is nominated as a winner candidate.
(8) “Submissions for Final Judgment” means the Submissions and other items designated by the Company as submitted by a Winner Candidate pursuant to the instructions of the Company.
(9) “Final Judgment” means the acceptance inspection and judgment, including reproducibility verification, by the Company for the Final Submissions and Submissions for Final Judgment of a Winner Candidate.
(10) “Winner” means the Winner Candidate who is informed by the Company that he/she has won a prize.
(11) “OSS” means software licensed based on OSS License Terms.
(12) “OSS License Terms” means any of the following license terms
(1) Either the GNU General Public License or the GNU Lesser General Public License published by the Free Software Foundation, Inc.;
(2) License terms listed at www.opensource.org/licenses/ or derivatives thereof;
(3) License terms that regard the software as “free software” or “open source software”; and
(4) License terms or agreements similar to the license terms listed in each of the three preceding items which request the user to disclose, distribute or license to a third party, or not to exercise, etc., the licensed software, its derivatives and the intellectual property rights associated therewith in whole or in part.
Article 2 Competition
1. A member who desires to participate in a Competition shall be required to agree to these Terms, etc. and to satisfy the conditions for participation as specified in each such Competition.
Any person who is not a member shall not participate in any Competition.
2. Participants shall participate in each Competition in the manner as advised by the Company and shall be obligated to comply with the rules as prescribed in each Competition.
3. Participants may submit the Submissions for the assignment of a Competition during the period of such Competition and submit as many proposals on the method of solving the problem as specified by the Company to the Host by the end of the period of the said Competition.
4. Participants may submit Submissions in the form specified in the Competition and specify those Submissions as a Final Submission on the prescribed page in the Site by the end time specified by the said Competition.
5. Participants’ Final Submissions shall be evaluated in accordance with the evaluation method specified in the Competition and the final ranking shall be determined based on such evaluation.
6. Participants may, as a general rule, check their own evaluation results and the evaluation results of each of the other Participants for Submissions that may be evaluated quantitatively on the Site.
7. Participants shall be solely liable for their own Submissions, including the legality and non-infringement of the Submission.
8. Participants shall not submit any Submissions that have no direct relationship to each Competition.
9. Unless otherwise provided for, Participants may not directly communicate to, consult with, make a request to, solicit or take any other actions with the Host in respect of the matters related to a Competition during the period of the said Competition.
10. Participants shall direct any questions or concerns regarding any Competition to the Company or the third party designated by the Company in accordance with the procedures prescribed by the Company as posted on the Site.
11. Participants shall produce Submissions in compliance with the OSS License Terms related to the OSS when using or incorporating OSS in a Submission. However, Participants shall not use or incorporate OSS for which commercial use is prohibited in a Submission.
12. The Host shall not be obligated to pay any remuneration or other consideration for any act of the Participants in a Competition under any pretext. And the Company shall not be obligated to pay any remuneration or other consideration other than those prescribed in the following Article for any act of the Participants in a Competition.
Article 3 Reward and Vesting of Rights
1. Unless otherwise provided for, any Participant shall satisfy the requirements set forth in the following items in order to be entitled to receive a reward in any Competition that offers a reward:
(1) To be a winner;
(2) To agree to transfer to the Host and the relevant transferee of rights in such Competition all transferable rights, such as copyrights (including the rights as prescribed in Article 27 and Article 28 of the Copyright Act, and the same shall apply hereinafter), rights to obtain patents and know-how, etc. in and to all analysis and prediction results, prediction models, reports, etc., written explanations on algorithms, source code and reproduction method, etc. (although not limited to these), and the Submissions contained in the Final Submissions and Submissions for Final Judgment (hereinafter referred to as the “Rights”) along with a guarantee that the Participant has the authority to transfer such Rights;
(3) To guarantee that any relevant transferee of rights may use the Rights contained in the Final Submissions and Submissions for Final Judgment for its own business and other purpose without any restriction and to agree to their exclusive use of such Rights;
(4) To agree not to exercise moral rights to the Rights against the relevant transferee of rights;
(5) To enter into an agreement for the transfer of the Rights with the relevant eligible transferee of rights, including the guarantee of and agreement to the matters in the preceding three (3) items and other reasonable provisions;
(6) To have the personal identity of such Participant verified by the Company; and
(7) Not to breach any provision of these Terms, etc.
2. Any Winner Candidate shall, after having received a notice from the Company that he/she is nominated as a winner candidate, submit the Submissions for Final Judgment on or before the designated date and communicate the matters requiring confirmation or response in relation to the Final Submissions and the Submissions for Final Judgment to the Company on or before the designated date, in accordance with the instructions of the Company.
The Company shall carry out the final judgment based on such matters requiring confirmation or response.
If the Company receives no confirmation or response satisfactory to the Company on or before the designated date, the Company may exclude such Winner Candidate from the subject of the final judgment and the Winner Candidate shall not raise any objection thereto.
3. If the Company considers that the Final Submissions or Submissions for Final Judgment need to be amended or modified, or there occur any additional matters requiring confirmation, in the course of the final judgment, any Winner Candidate shall take action or make response in relation to the matters that require amendment or modification, or the matters requiring confirmation, on or before the designated date in accordance with the instructions of the Company. If the Company receives no action or response satisfactory to the Company on or before the designated date, the Company may exclude such Winner Candidate from the final judgment and the Winner Candidate shall not raise any objection thereto.
4. The Company shall determine the Winner through the final judgment and inform the Winner to that effect.
Article 4 Confidentiality
1. Any Participant shall treat any information and data that they receive from the Company in relation to Competitions as well as knowledge and products, etc. obtained using such information and data (including Participant Submissions; hereinafter referred to as the “Company-Provided Information”) as confidential information and shall not disclose the same to any third party and use the same for any purpose other than for such Competition and purpose specified by the Company separately; provided,
however, that the confidential information shall not include any information that falls under any of the following items:
(1) Information that is known to the public at the time it was received;
(2) Information that is already possessed by the Participant at the time it was received (only in the case where such Participant may demonstrate such fact by reasonable means);
(3) Information that becomes known to the public without the fault of the Participant after it was received;
(4) Information that is independently developed by the Participant without reference to any information received; or
(5) Information that is rightfully received from any third party having a right to disclose such information without the obligations of confidentiality (only in the case where such Participant may demonstrate such fact by reasonable means).
2. Any Winner shall handle his/her Final Submissions and Submissions for Final Judgment in the same manner as Company-Provided Information after receiving notification that they are a winner. And Participant Submissions other than the Winner’s Final Submissions and Submissions for Final Judgment shall not be included as Company-Provided Information after the Company has determined the Winner notwithstanding the provisions of the preceding paragraph.
3. Any Participant may publish any algorithms that they have developed as well as any other materials they have created in connection with their participation in a Competition (including Final Submissions and Submissions for Final Judgment) after that Competition in accordance with the Competition Information Disclosure Policy (hereinafter, "Information Disclosure Policy") posted on the Site. However, Participants shall observe the following matters when publishing information and may not publish any materials prohibited by the Information Disclosure Policy:
(1) Clarify that the materials were created in connection with participation in the Competition;
(2) Give credit in accordance with the notation method prescribed in the Information Disclosure Policy when the materials to be published contain part of a dataset; and
(3) Clarify the location accessible to all Participants (including but not limited to the Competition forum and other locations designated by the Company) where the materials are published (including links, etc.) if publishing materials outside the Competition forum.
4. Any Participant shall delete or return to the Company the Company-Provided Information (excluding the information prescribed in paragraph 3) immediately after the completion of a Competition.
5. If there is any separate arrangement in relation to the confidential information in a Competition, the provisions of such arrangement shall prevail over the provisions of these Terms.
6. If any dispute occurs between a third party and the Host or the Company due to the breach by any Participant of the provisions of this Article and such other party makes any claim against the Company or the Host, such Participant shall compensate for any damage, loss, expenses (including, but not limited to, attorneys’ fees), lost profits and lost revenues, etc. incurred by the Company and the Host.
7. The provisions of this Article shall survive the termination of the relevant Competition or the Participant’s completion of the procedures for withdrawal from all services provided by the Company, with respect to the Company-Provided Information and the Winner’s Final Submissions and Submissions for Final Judgment for a period of five (5) years thereafter.
Article 5 Prohibited Acts of Participants
1. The Company shall prohibit Participants from engaging in any of the following acts in any Competition:
(1) An act of cracking, cheating, spoofing and other misconduct;
(2) An act of redistributing data files included in the dataset;
(3) An act of directly communicating to, consulting with, making a request to, soliciting or responding to solicitation or other activities to other Participants or the Host (other than the Company) without the involvement of the Company for the purpose of furthering the Participant’s own interests;
(4) Any profitmaking activities using the Competition (including but not limited to solicitation or scouting activities, and use for a third party in educational business, etc.) without the prior approval of the Company in writing or any other manner specified by the Company;
(5) An Act of transferring, offering as collateral or otherwise disposing of the Participants’ standing, or the rights or obligations, as a Participant in any Competition (except with the prior written consent of the Company);
(6) Acts that infringe upon the intellectual property rights, trade secrets or any other rights of third parties; and
(7) Any other act in breach of these Terms, etc.
2. If the Company deems that a Participant has engaged in, or may engage in, any of the prohibited acts as prescribed in the preceding paragraph, the Company may, without prior notice to the Participant, disqualify the Participant from the Competition in which the Participant participates, temporarily suspend the Participant from using some or all of the services provided by the Company, withdraw the Participant’s membership, claim damages from the Participant or take any other measures deemed necessary by the Company.
Article 6 Modification of Terms
1. The Company may modify, add or delete any provisions of these Terms from time to time without the approval of Participants.
March 15, 2023