I. The Robert Bosch Power Tools GmbH, Max-Lang-Straße 40-46, 70771 Leinfelden-Echterdingen, (henceforth "BOSCH") is interested in obtaining innovation offers concerning current and future Bosch Power Tools products (henceforth "Innovation Offer") from anyone interested in delivering his or her innovation offer (henceforth "Innovator"), provided that Innovator is not an employee of the Bosch Group, and offers the platform "Bosch Power Tools Innovation Portal" for this purpose (henceforth "Innovation Portal").
II. Innovator is interested in delivering his innovation offer to BOSCH in order to enter into negotiations with BOSCH on an acquisition of his innovation offer by BOSCH (henceforth "Negotiation").
III. Innovator may provide BOSCH with confidential information concerning the Innovation Offer, i.e. drawings, sketches, designs, schedules and/or details on inventions, patent applications and know-how (henceforth "Information").
1. All of the Information shall remain the property of Innovator and the delivery of Information into the Innovation Portal shall neither be construed to grant BOSCH a license or other right on the Information nor as acceptance of the Innovation Offer by BOSCH. In case BOSCH wants to enter into the Negotiation BOSCH will inform Innovator via e-mail.
2. Once Innovator delivered his innovation offer into the Innovation Portal, Innovator cannot claim the return or the destruction of the Information or, if the Negotiation does not take place, any advice on why BOSCH did not enter into the Negotiation. Any negative decision may well be due to internal business considerations and should not be seen as a judgement as to the value of the Innovation Offer. BOSCH will inform Innovator about any negative decision via e-mail.
3. BOSCH will keep the Information confidential during a period of 2 years beginning with the time the Information is delivered into the Innovation Portal, unless the Information:
3.1 was already publicly known or known by BOSCH at the time Innovator delivered his innovation offer into the Innovation Portal; or
3.2 becomes publicly known or known to BOSCH through no wrongful act of BOSCH after being delivered into the Innovation Portal; or
3.3 was received from a third party independently from the Innovation Portal; or
3.4 was independently developed by an employee, agent or consultant of BOSCH without reference to the Innovation offer of Innovator.
While the Information will be treated with the same care BOSCH normally exercises with its own business information BOSCH cannot assume any further liability except for deliberate actions.
4. If BOSCH is requested or required by a government or court order, or similar process, to disclose the Information, BOSCH is entitled to do so without notifying Innovator.
5. BOSCH is entitled to forward the Innovation Offer to associated companies of BOSCH, provided that such associated companies are bound to confidentiality obligations towards BOSCH. The contact partner for the Innovator remains BOSCH, not the associated company of BOSCH.
6. Both BOSCH and the associated companies of BOSCH reserve the right to develop internally innovations similar or identical with the innovation of the Innovation Offer independently from the Innovation Offer, or request or receive information on such innovations from other parties.
7. Both BOSCH and Innovator agree that they shall be considered as independent parties and that the use of the Innovation Portal shall not be construed to create the relationship of employment, joint venture, partnership or association and that the Innovator is responsible for his own expenses and financial obligations incurred in the use of the Innovation Portal, e.g. the costs incurred for uploading the Information.
8. All disputes arising under the use of the Innovation Portal, including those that may originate from its use after its termination, shall be finally settled by a Court of Arbitration to be convened at Stuttgart applying German law but excluding the conflict of law regulations and the stipulations of international conventions regarding the international sale of goods. The Court of Arbitration shall consist of one (1) arbitrator who shall be a fully qualified lawyer. The Court of Arbitration shall act on the basis of the Rules of Arbitration (Edition 1998) of the International Chamber of Commerce, Paris.
Robert Bosch Power Tools GmbH will electronically store and process the data submitted by you during the course of the registration process. By filling out and submitting the registration, you grant your consent for this. Robert Bosch Power Tools GmbH shall use the above-mentioned data only for the purpose of examining and assessing submissions to the innovation portal. All personal data shall be used in accordance with the prevailing applicable regulations on the protection of personal data. If requested, we will be happy to inform you about which procedure is used to store your data and which data is concerned.