General Terms and Conditions for Participants by Bosch Software Innovations GmbH

At the event “Bosch ConnectedWorld 2019” in Berlin, Germany

These Terms and Conditions apply for the participation at the event “Bosch ConnectedWorld 2019” including the hackathon “Bosch Connected Experience 2019” ("Event") of the event organizer Bosch Software Innovations GmbH, Ullsteinstr. 128, 12109 Berlin, Germany, www.bosch-si.com ("Bosch SI").

1. Framework of the Agreement
1.1. Bosch SI involves the external service provider Guest-One GmbH (hereinafter: "Guest-One") with the task to administrate and process participant registration, sell tickets, store and host participants data, and offer hotline services. A sales contract with regard to attendance of the Event is concluded only between the respective participant and Guest-One by purchasing a ticket or registering for the event on https://www.bcw-registration.com. Therefore, in terms of order and payment of tickets for the event, the “General Terms and Conditions for Order and Payment of Event Tickets by Guest-One GmbH” shall apply.
1.2. In addition, in terms of event organization (e.g. location, program, video recording), Participant’s attendance is subject to the following terms and conditions (hereinafter: "Agreement").
1.3. Conditions deviating from this Agreement must be in writing. Any terms and conditions of the participant contrary to or supplementing this Agreement shall not be valid. This also applies if they are referred to in an order or any other documents of the participant and Bosch SI does not expressly object to such reference.
2. Event program
2.1. Bosch SI will endeavor to ensure that the published event program is correct at the time of the actual event. It may, however, due to unforeseen circumstances, be necessary to alter the program before the event, and Bosch SI reserves the right to do so without notice.
3. Event Access
3.1. Access to the event is only granted on presentation of a personalized valid ticket or other permit issued by Guest-One or Bosch SI.
3.2. Photo ID will be required for each participant when collecting a badge onsite.
3.3. Badges must be worn at all times during the Event.
4. Event venue rules and regulations
Participant agrees to abide by the venue rules and regulations in Annex 1.
5. Permission for audiovisual recording to use materials
5.1. All participants acknowledge that they may be photographed or filmed by Bosch SI’s official photographer/videographer, and consent to their image being used in promotional material by Bosch SI. The visitor also consents to audiovisual recordings being broadcast and published over a transmitter, the Internet, or other means. All rights to any images and video taken are retained by Bosch SI.
5.2. Furthermore, other attendees of the event may capture participant’s image, in photo, video or streaming formats, which Bosch SI cannot control and for which Bosch SI disclaims all liability.
6. Additional Terms and Conditions for Hackathon participation
6.1. This Sec. 6 shall apply to all participants booking a Bosch ConnectedExperience Ticket:
6.2. You acknowledge and agree that any material (e.g. hardware, data, software, software development kits, mobile applications and relating documentation) (hereinafter: "Material") you receive from Bosch SI and the hack enabler companies with-in the scope of the Event, constitutes confidential information of the organizer and is provided “as is”, without any warran-ties or liability except for harm to life, body and health and except for intent or gross negligence.
6.3. Bosch SI retains full title and all intellectual property rights to the Material. You are neither entitled to disclose any such confidential information directly or indirectly, orally, in writing or in any other way, nor to use the Material for any other purpose than to participate in the Event and only for the duration of the Event. Upon request by Bosch SI you will delete, destroy or return the Material or copies containing or embodying thereof immediately.
6.4. You agree not to disassemble, decompile and/or reverse engineer any software received from Bosch SI and not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the software.
6.5. If Bosch SI is interested in using your inventions, developments and creations generated during the course of your participation in the event, you agree either to grant the organizer a non-exclusive license to use your results or to assign and transfer your ownership rights, title and interest in and to your results to Bosch SI, at the Bosch SI´s option and subject to reasonable terms and conditions to be agreed separately in writing.
6.6. The use of the software is subject to software license terms and possibly includes Open Source Software and third party software under royalty free licenses (“FOSS”) which is subject to FOSS license agreements. You acknowledge and agree to comply with all applicable licenses and to fulfill the respective license obligations. Provided that within certain FOSS-licenses necessary (e.g. LGPL 2.0), reverse engineering is allowed for the respective OSS component to the required extent. This shall not apply for other components of the software.
7. Limitation of liability
7.1. In accordance with the provisions of law, Bosch SI shall be liable for damages in the following cases: damage to persons; damage governed by the German Product Liability Act (Produkthaftungsgesetz); damage caused by fraudulent behavior or with intent on the part of Bosch SI; and damage caused by gross negligence on the part of the Bosch SI’s legal representa-tives or executive staff.
7.2. Without prejudice to the liability defined in Sec. 7.1 , Bosch SI’s liability for damages shall be limited to the level of damage foreseeable in contracts of this kind in the case of damage resulting from an ordinarily negligent breach of fundamental contractual obligations as well as in the case of damage caused due to gross negligence by Bosch SI’s ordinary vicarious agents. Fundamental obligations refer to obligations whose fulfillment is integral to the proper performance of the agreement and on the observance of which participant is entitled to depend. For liability under this Sec. 7.2 , the parties agree – with due regard to the type and scope of services to be performed under this agreement – to a liability cap per incident of damages amounting to EUR 10,000.00 and a maximum total damages of EUR 20,000.00 per calendar year. Except where there are ex-plicit provisions to the contrary in the Participant Terms and Conditions, Bosch SI shall bear no liability beyond that defined above.
7.3. Contributory negligence on the part of the participant must be taken into account.
7.4. The above limitations on liability apply also to the personal liability of Bosch SI’s employees, representatives, and/or organs.
8. Data protection
8.1. Bosch SI respects participant privacy. The protection of participant’s privacy throughout the course of processing personal data as well as the security of all business data is an important concern to Bosch SI.
9. General provisions
9.1. To the extent permissible by law, the exclusive place of jurisdiction shall be Stuttgart, Germany. We do not engage in out-of-court settlements before consumer arbitration bodies.
9.2. This Agreement is governed by the law of the Federal Republic of Germany. The applicability of the UN Sales Convention is expressly excluded.
9.3. Should a provision be or become invalid, this shall not affect the validity of the remaining provisions. In this case the invalid provision shall be replaced by an admissible agreement that most closely approximates the commercial aim of the original, invalid provision.
Dated: December 2018
Bosch Software Innovations GmbH
Ullsteinstr. 128 | 12109 Berlin | Germany
Tel. +49 30 726112-0 | Fax +49 30 726112-100
Managing directors: Dr. Stefan Ferber, Michael Hahn, Dr. Aleksandar Mitrovic
Commercial Registry: Amtsgericht Charlottenburg, Berlin, HRB 148411 B