1. Generel. AT&S Austria Technologie & Systemtechnik AG (hereinafter referred to as “AT&S”) offers the Open Innovation platform on its company website where users can submit ideas for the development of new products and solutions (hereinafter referred to as “Open Innovation”). The terms for using Open Innovation are specified below.
2. Application. The use of Open Innovation shall be subject to the following conditions of use exclusively; AT&S will not accept any deviating or conflicting conditions of users.
3. Staff. Staff members of AT&S Group companies (AT&S Austria Technologie & Systemtechnik AG and any affiliated enterprises as defined in Sections 15 et seq. Austrian Companies Act) are not entitled to participate in Open Innovation.
4. Legal relationship. The use of Open Innovation does not establish any employment relationship or contract for services between the user and AT&S.
5. Confidentiality. AT&S is not obliged to keep the ideas that users submit via Open Innovation confidential. Unless otherwise agreed in writing, the use of Open Innovation does not establish any non-disclosure agreement between AT&S and the user. AT&S is not obliged to return any information submitted to the user. The user agrees to inform AT&S if and when s/he has disclosed or made available the submitted ideas to third parties or intends to disclose or make available such ideas to third parties in future.
6. Intellectual property. By submitting the idea to AT&S, AT&S shall obtain a free, irrevocable, licensable, non-exclusive right of use in the submitted ideas that is unrestricted in terms of time, place and content.
7. Bonus payments. AT&S shall assess the ideas submitted in house on the basis of their estimated market potential, possible applications of a product based on a product idea in the industrial environment and the product’s market opportunities.
AT&S may grant bonus payments for ideas submitted:
AT&S shall first review the ideas submitted before deciding whether they are suitable for assessment. The decision is followed by a second review examining whether a product can be developed from the idea submitted. If the development of such a product is possible and if a successful market launch can be expected, such development may be implemented by AT&S in the framework of the resources and options available to it.
Upon positive assessment of the idea, the user is contacted and AT&S and the user will jointly determine the further procedure.
The mere acceptance of ideas does not establish an offer on the part of AT&S. It shall be solely in the discretion of AT&S to decide whether the conditions for entitlement to a bonus payment are met. The acceptance of ideas, proposals or any other communication, talks or negotiations in connection with the platform that is the subject of these Conditions will not establish any obligation and not even the intention on the part of AT&S to acquire or use products, services or other provisions of the user, to enter into any other legal relationship or to pay bonus payments or other remuneration.
AT&S is not responsible for paying taxes: The user shall be solely responsible for making appropriate tax arrangements and paying any dues and charges including social insurance contributions for any bonus payment granted in the discretion of AT&S.
8. Infringement. Open Innovation shall be used to present one’s own ideas. The user shall only upload content for which s/he holds the exclusive rights of use and/or has been granted the respective approval by the holder of the rights to transfer the rights listed under item 5 to AT&S. Furthermore, the user shall be responsible for compliance with any confidentiality obligations vis-à-vis third parties. AT&S is not obliged to check whether uploaded ideas violate the rights of third parties. If a user who submitted an idea learns at a later point in time that the upload constitutes a violation of rights, s/he shall inform AT&S without delay.
If a third party claims that the submission of an idea through Open Innovation or the use of such idea by AT&S infringes its rights, the sole responsibility for such infringement shall be with the user, who will hold AT&S harmless from any claims third parties may file against AT&S at the first written request to do so. Without the prior approval of the user who committed the alleged infringement, AT&S shall only disclose the data saved pertaining to this user to the person claiming the infringement if required to do so by law.
9. Data protection. The user agrees to AT&S collecting, processing and using his/her personal data. AT&S shall observe the applicable legal provisions on data protection at any time. The data shall be collected, processed and saved only for the purpose of contacting the user. The data shall not be disclosed to third parties unless such disclosure is approved by the user.
The user is entitled to revoke his/her consent to the collection, processing and use of his/her personal data at any time with effect for the future. The written revocation shall be addressed to: AT&S Austria Technologie & Systemtechnik AG, attn. Group Manager R&D, Fabriksgasse 13, 8700 Leoben, Austria. In the event of revocation, AT&S will immediately delete all data to the extent permitted by law. Revocation does not apply to the extent that the user data are required for indicating the originator.
10. Final provisions. All and any disputes arising from or in connection with this Agreement shall be decided according to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed according to these Rules. The place of arbitration shall be Vienna. Austrian law applies to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.
11. AT&S reserves the right to change or discontinue Open Innovation at any time. Rights and obligations established before the change or discontinuation continue to apply unchanged.