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The phase running from business concept to actual business is vulnerable.
It can happen, for instance, that someone else steals your plan,
or that you commit yourself to agreements that later prove to have
large financial consequences. For this reason, it is prudent to review
the steps you will take. To reduce the risk that someone else adopts
or copies your plan, all parties involved (competition organisation,
jury, and coaches) are required to sign a statement of confidentiality
and to observe it. The competition organisation will also ensure
that only a very brief description of your concept is circulated,
so that the details are known only to the jury and the organisation.
Pledge of Confidentiality
This pledge of confidentiality will be signed by a member of the
jury, coach or organisation member and issued for all those concerning
whom I receive confidential information and documents in the context
of KickStart 2005.
Obligations of jury members, coaches and organisation members.
Art. 1: I pledge to maintain silence concerning confidential information
and documents that I receive in the context of KickStart 2005,
even after the end of this competition.
Art 2 : I pledge to use confidential information and documents only
for the preparation and execution of KickStart 2005, and to pass
them on to third parties only with the express (written) permission
of the participants concerned. Excluded from this pledge are third
parties that need this confidential information and documents for
the execution of KickStart 2005. Not considered confidential is information
which I can show through documentation that:
Prior to my receiving the information it was already generally known;
or
Without it being attributable to me after the fact, it has become
generally known; or
It has become known through third parties in a legitimate manner
and without violating the obligations of confidentiality of these
third parties.
Art 3: I pledge to destroy all confidential information
and documents that I receive in any manner in the context of KickStart
2005 no
later than 1 October 2005. Art 4: I pledge to ensure that the employees and advisors that I
have engaged comply with the aforementioned articles.
Maintaining Silence
Maintaining silence means that the information and documents (unless
with the express permission of the participant):
- Shall not be distributed,
- Shall not be used for research, production or sale,
- May not be used for personal interests or the interests of third
parties.
Confidential information and documents
Confidential information and documents as referred to above means
all commercial, technical, financial and similar information that
is distributed by participants in any way in the context of KickStart
2005, especially by the submission of their entries for the competition.
Not considered confidential is the information that is already
generally known or that, without violating the points discussed
herein, become generally known, or that are made known by third
parties without violating a pledge of confidentiality
Withdrawal
I am required to withdraw as a member of the jury or as a coach or
as a member of the organisation if I consciously or inadvertently
have used confidential information or documents for my personal
interests or for the interests of third parties without the express
permission of the participant.
Period of Effect
The present declaration is valid from 31 March 2005 to 31 December
2005.
Legal Position
This declaration and any disputes ensuing from it are subject to
Dutch law.
Disputes
All disputes that might arise by virtue of the present pledge of
confidentiality will be brought before the arbitration board of
KickStart. The arbitration board will consist of 3 persons, namely
a representative of the jury, a representative of the competition
organisation and a representative of the universities. Rulings
of the arbitration board are non-binding. Should a dispute continue
after the ruling of the arbitration board, the dispute will be
settled in accordance with the Arbitration Regulations of the Netherlands
Arbitration Institute. There shall be a single arbiter. The arbitration
shall take place in The Hague.
We would like to thank the New Venture 2005 Foundation for permission
to use the pledge of confidentiality of New Venture 2005.
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