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Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that.

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Presentation on theme: "Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that."— Presentation transcript:

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19 Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that the Application does not infringe, misappropriate or violate any intellectual property rights of third party. Further Applicant represents and warrants that Application created and developed by Applicant solely. 4.2 When any of the Application contains or is involved in infringement or misappropriation of third party’s rights including intellectual property rights, or is in breach of this T&C, or violates any applicable laws and regulations, any rights granted to the Applicant or the Participant may be immediately ceased, cancelled, and terminated at any time (even after selected as a Participant) along with this T&C without any compensation thereof from the Company. 4.3. Applicant shall indemnify and hold harmless Company from any damages, loss, or claims arising out of or in connection with Applicant’s breach of any provisions in this T&C. 4.4 Company do not have the responsibility to intervene in any dispute regarding and Application between Applicant and a third party. Such matters are wholly the responsibility of the individuals concerned and Company cannot be held responsible or accountable in any way. 4.5. Applicant acknowledges and agrees that the submission of Application does not ensure its selection to be a Participant of the Program, nor does it granted any rights to the Applicant unless it enters into the separate agreement with the Company. Further, Applicant acknowledges and agrees that the Applicant, in good faith, participates in the procedure for the Program. 4.6 Applicant acknowledges and agrees that Applicant shall not use or disclose for any other Applicant's Application without the prior written approval of the original owner and shall not file and nor cause to be filed in any countries, without original owner's prior written approval, any application for patent, or other industrial property rights. 4.7 For the protection of Application from such as unexpected disclosure, before submission of such Application to the Company, Applicant shall file an intellectual property right including but not limited to an application, design or trade mark to the Application. Article 5 [Limited Use] 5.1. Company shall only use the Application to the extent necessary for the purpose of review and evaluation to select the Participants for the Program. 5.2. The Application and its contents may be supplemented or modified via mutual consent by Company and Applicant and may be used for printing, display, promotion, education and press release in the process of the Program.

20 Article 6 [Confidentiality] Each party shall not disclose the other party’s confidential information without the consent of the other party. For avoidance of doubt, the Application shall be regarded as Applicant’s confidential information and any information Applicant or Participant receives from Company shall be regarded as Company’s confidential information. Article 7 [Destruction of Application Data] 7.1. Applicant may request Company to withdraw its Application before announcement of the selected Participant. Upon Applicant’s request, Company shall destroy the Application Data. 7.2. Upon Applicant’s request, Company may return the Application Data by an appropriate way within three (3) months from the date of announcement of the selected Participant. Additional cost upon returning the Application Data will be a burden of the Applicant. 7.3. When the Application Data of Article 7.2 does not have any physical shape, Company may substitute the return of data by destruction of the Application Data. 7.4 Except for the selected Application Data Company shall destroy the Application Data without any claim to return from Applicants within three (3) months from the date of announcement of the selected Participant. Article 8 [Selection of Participants] 8.1. The Applicants may be required to participate in three (3) rounds of review and evaluation to be finally selected as a Participant. 8.2. Company may enter into the Agreement with the Participant to address the specifics of the Program and support thereof. For the avoidance of doubt, without entering into the Agreement, Participant shall not have any rights to the Program or any support from the Company thereof. 8.3. The rights including intellectual property right for the final deliverables produced through the Program (“Deliverables”) shall be protected under applicable laws and regulations. Company have the preferential negotiation rights to purchase, license, or equity investment for a period of four (4) month after the Program, and have right to use the Deliverables with reasonable price. Article 9 [Indemnity] If Applicant violates this T&C or relevant laws and a dispute against Company arises or is likely to arise, the Applicant (all team members for team applicants, the corporation as a whole for corporate participants) shall defend the Company at their own expense and responsibility, compensate the Company for any losses suffered by the Company as a result and take all appropriate measures requested by the Company in relation to the event.

21 Article 10 [Governing Law and Dispute Resolution] 10.1. This T&C shall be governed by and construed in accordance with the laws of the Republic of Korea. All disputes, controversies or differences which may arise between the parties in relation to this T&C shall be settled amicably through friendly negotiation. 10.2. Dispute not settled via discussion shall settled in accordance with the Rules of Arbitration of the Korean Commercial Arbitration Board, Dispute mediation Committee(KIPO), or the Court of the Republic of Korea. Article 11 [Miscellaneous] 11.1. Matters not specified in General Terms or ambiguous in interpretation shall be subject to “Guideline (Plan) for Protection of Contest Ideas” of the Korean Intellectual Property Office or “Standard Guideline (Plan) for Contents Contest” of Ministry of Culture, Sports and Tourism. 11.2. Matters other than Clause 1 of this Article shall also be determined via discussion between the Parties according to principle of good faith but those not settled via discussion shall be subject to the applicable laws and regulations and general commercial practice.

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