Hackathon Participation Agreement:
This Hackathon Participation Agreement (“Agreement”) is a contract between you (“you” or the “Hacker”) and Finastra International Limited (“we”, “us” or “Finastra”) in relation to the FusionOne Hackathon (the “Hackathon”).
1. Term acceptance and changes
Registration for or participation by you in the Hackathon will constitute your acceptance of all the terms and conditions of:
- this Agreement; and
- the Finastra Developer Terms and Conditions on https://www.fusionfabric.cloud/developer-terms-and-conditions(the “Finastra Developer Terms and Conditions”).
Teams can only participate if every team member has accepted all of the terms and conditions set out in this clause.
2. Eligibility and Teams
The Hackathon is exclusively open to recipients of invitations from us. Hackers can participate individually or as teams. Finastra, at its sole discretion, may group individual Hackers together to participate as a team.
3. Dates and Timing
You must submit your Solution at https://fusionone.devpost.com/ before 2.30pm BST on 19/05/2019 to be eligible to present it.
Winners will be announced on or around 5.30pm BST on 19/05/2019.
Devpost.com will be the official timekeeper for this Hackathon.
4. Hackathon Description
The Hackathon is a competition aimed at developing and/or proposing a solution for an offering of an application utilizing the APIs available on FusionFabric.cloud and in accordance with the further description on https://www.finastra.com/fusionone/hackathon (“Solution”).
5. Hackathon Tools
In order to participate in the Hackathon you may be given access to FusionFabric.cloud, APIs, proprietary software, open source software, documentation, hardware, tools, test environments and other materials or assets (together the “Hackathon Tools”) for the duration of the Hackathon (see clause 3) and for the sole purpose of developing the Solution in accordance with this Agreement.
The Hackathon Tools are provided to you “as is” without any warranty, either express or implied.
Upon the earlier of the conclusion of the Hackathon or the termination of your participation for any reason you will immediately return the Hackathon Tools to Finastra and permanently delete any remaining copies.
Subject to the licenses described herein, any applicable intellectual property rights to a Solution will remain with the Hacker.
You grant Finastra and its affiliates, agents and partners a non-exclusive, royalty-free, worldwide license to use the Solution for the purpose of conducting this Hackathon, for internal assessment and to publicly display the Solution.
You warrant and represent that you are the original author of your Solution, and that you are entitled to grant the licenses set out in this clause.
7. Code of Conduct
We are dedicated to provide the Hackathon in an environment free of harassment. You must behave respectful and professional to everyone you have dealings with as part of the Hackathon. You must not make any offensive comments related to gender, sexual orientation, disability, physical appearance, race or religion; and you must abstain from intimidation, oppression, stalking, following, harassing photography or recording, sustained disruption of talks, inappropriate physical contact, and unwelcome sexual attention.
Hackers, including all team members may not, nor allow any third party to display, store, process or transmit any of the following:
- Material that infringes or misappropriates a third party’s intellectual property, including but not limited to, copyright, patents, trademarks, trade names, trade secrets, or other proprietary information;
- Hate-related, threatening, abusive, violent, abusive or libelous material, and/or material advocating discrimination against individuals, groups or business;
- Obscene, excessively profane or otherwise offensive or objectionable material;
- Material that enables, advocates or advances criminal hacking, phishing or cracking;
- Unlawful software;
- Malicious material;
- Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs; or
- Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including privacy and publicity.
Hackers, including all team members may not, nor allow any third party to:
- Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the service or reformat or frame any portion of the web pages that are part of the service's administration display;
- Interfere or be harmful to Finastra or any third-party networks, systems, services, or websites, including but not limited to, flooding, mail bombing, or denial of service (DoS) attacks;
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Transmit material that may be harmful to minors;
- Impersonate another person, entity or Finastra;
- Violate the rights (such as rights of privacy or publicity) of others;
- Promote, facilitate or encourage illegal activity;
- Engage in activity in connection with illegal peer‐to‐peer filesharing;
- "Mine" bitcoins and other cryptocurrencies;
- Access (including through any interfaces provided with a service), any Finastra product or service, or other service or website, in a manner that violates the terms for use of or access to such service or website;
- Operate an "open proxy" or any other form of Internet proxy service that is capable of forwarding requests to any end user or third party‐supplied Internet host;
- Violate or attempt to violate the Finastra’s security, or any third-party’s computers, accounts, or networks during the Hackathon.
- Conduct any activity considered a precursor to attempted security violations, including but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express authorization of the owner of the system or network.
- Use a service in any manner that would disparage Finastra.
- Create any artificial intelligence based for the purposes of predicting an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, age, gender, sex life, sexual orientation, criminal convictions, disability, health status, financial status, or medical condition; or
- Use the Hackathon to create a decision-making process with legal or similarly significant effects, unless customer ensures that the final decision is made by a human being. In this case, customer must take account of other factors beyond the Finastra’s recommendations in making the final decision.
Hacker is responsible for notifying Finastra immediately if he or she becomes aware of a security threat or a breach of the terms and conditions of this Agreement either by itself, its team members or other Hackers.
Finastra will take appropriate action as it reasonably deems fit in its sole discretion in respect of such violations, including exclusion from the Hackathon.
9. Solution Competition
All Solutions will enter a competition and Finastra will rank all Solutions in its sole discretion to establish four winning teams. The winning teams will be offered the opportunity to present their Solution at certain events. Finastra’s decision will be final and cannot be appealed against.
10. Data Protection
Any personal data you submit to us will be collected in accordance with https://www.finastra.com/eea-privacy-notice. You warrant and represent that you will process any personal data as part of the Hackathon in accordance with all applicable data protection laws.
Nothing shall limit or exclude liability for fraud or for death or personal injury caused by negligence or any other liability which cannot be limited or excluded by law.
Subject to the preceding paragraph of this clause 11, under no circumstances shall Finastra be liable (regardless of the basis of liability including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) for loss of profits, loss of business, loss of earnings, loss of contracts, loss of goodwill, loss of anticipated savings, wasted management, operation or other time, or loss of use or value of or damage to data (regardless of whether the foregoing losses are direct or indirect) or any indirect or consequential or incidental or special loss or damages.
Subject to the preceding two paragraphs of this clause 11, Finastra’s aggregate liability under or in relation to this Agreement or the relationship established thereby (regardless of the basis of liability, including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) shall not exceed the lesser of (a) Hacker’s cost of participation in the Hackathon or (b) £500.
You agree to indemnify and hold harmless Finastra, its affiliates, partners, agents, licensors and suppliers from any claims, liability, damage or litigation that may occur, directly or indirectly, whether caused by negligence or not, from your participation in the Hackathon or any Solution you submit.
13. Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by the laws of England and Wales, without regard to the conflict of law principles. The courts of England and Wales shall the have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).