ࡱ> dgce hbjbj Tjxj\xj\p@ VVVVVjjj84DjD$jp4w#y#y#y#y#y#y#$%d(#9V&&&#VV#2&FVVw#&w#!+!w >!#$<D$#!(x(+!(V+!8>,$?##ZHD$&&&&( > : CARNEGIE MELLON VISITOR AGREEMENT һ (һ) is pleased to welcome you to һ as a visitor (Visitor or you), subject to the terms and conditions set forth below and those in any invitation/confirmation letter you received for your visit (incorporated herein by reference). The terms of your letter and these terms are together referred to as your Visitor Agreement. STATUS: You will be visiting һ as the following kind of Visitor:  FORMCHECKBOX Student Visitor: Visiting student enrolled at a non-profit educational institution other than һ.  FORMCHECKBOX Academic/Non-Profit Visitor: Visiting employee from a non-profit educational institution or 501(c)(3) nonprofit organization.  FORMCHECKBOX Company Visitor: Visiting employee of a company/organization (other than a 501(c)(3) organization).  FORMCHECKBOX Other (please explain):  FORMTEXT      Note: An authorized signatory for your employer (or your home educational institution, if you are a Student Visitor) must also sign this Visitor Agreement where indicated below. IF YOU ARE A STUDENT VISITOR OR AN ACADEMIC/NON-PROFIT VISITOR: If you are working on certain educational or academic projects for or on behalf of your non-profit, home educational institution (Institution), you may work on them in your discretion during your visit to һ (Visitor Work). Your Institution (or you, depending on your Institutions policies) may retain any ownership rights you may have in such Visitor Work except to the extent it falls under the definition of һ Projects below (in which case it will be owned by һ, unless otherwise agreed in writing by an authorized signatory of һ). Without limiting the general nature of the prior sentences and for purposes of clarification, in no event will your work be considered to be such educational or academic Visitor Work if the resulting work product will be owned by a for-profit company and/or you will be restricted from publishing your work. If you allow any һ faculty, staff or students to participate in your Visitor Work, neither һ (nor any such individual, if applicable under һs Intellectual Property Policy) is waiving any intellectual property rights that һ (or such individuals) have or may have in any work created by them on your Visitor Work, and no licenses to such work are being granted by һ (or such individuals) pursuant to this document. Therefore, if any specific rights or licenses are desired by you or your Institution to any work created by һ personnel on your Visitor Work, such rights must be separately requested and negotiated. Any licenses for һ-owned intellectual property must be requested and negotiated through һs Center for Technology Transfer and Enterprise Creation (CTTEC). If any of your Visitor Work is funded with outside funding and/or comes with terms and conditions for which you would like һ to agree before allowing һ personnel participate on such Visitor Work (for example, if you have a federally-funded project where the Government expects certain rights), you will need to contact һs Office of Sponsored Programs (OSP) in advance to work out any appropriate written agreements (for example, a subcontract or some other document setting forth special terms and conditions for the project). If you are a Visiting Student, you are free to seek credit for your work from your Institution to the extent permitted by your own Institutions policies and practices. You are not entitled to receive any һ course credit for your Visitor work. IF YOU ARE A COMPANY VISITOR OR ARE UNDER OTHER: Unless otherwise agreed by һ in a separate written agreement with your company employer (Company), һ will own any work you perform while at һ during your visit because of һs use of tax-exempt bond financing in its facilities. Therefore, to the extent your Company (or you, if applicable) expect to own the work product you produce while a Visitor, you may not perform such work on һs owned/leased premises and you must ensure that such work does not otherwise fall under the definition of һ Projects below. TERMS APPLICABLE TO ALL CATEGORIES: Purpose of Visit; Compliance: The purpose and expected duration of your visit will be set forth in your separate invitation/confirmation letter. You agree that you will only participate in the visitor activities that are contemplated under your invitation/confirmation letter. While a Visitor, you agree to conduct yourself in compliance with any and all applicable laws and regulations, һ policies, and any specific instructions/limitations of which you are informed by һ with respect to the use and access to һs facilities and/or assets. Status; No Compensation or Credit: You will be a visitor to һ and are not being conferred any other status at һ as a result of your visit. For clarity, you will not be an employee, agent or student of һ, nor will you receive any compensation, benefits, or academic credit from һ. You understand and agree that you are not entitled to a job at the conclusion of your visit and that you are not entitled to financial compensation or employee benefits from һ for your time spent as a Visitor. Unless otherwise specified in your invitation/confirmation letter, you (or your Institution or Company, as applicable) are responsible for providing and paying for your own food, lodging, transportation, healthcare and other items. If you are a Student Visitor, it is our understanding that you will continue to be enrolled at your Home Institution during your visit here and performing work toward your Home Institution degree requirements. If a Company Visitor, it is our understanding that you will be visiting һ on behalf of your Company and continue to be supported by your Company for your time as a Visitor. Visitor Fee: If your invitation/confirmation letter references a visitor fee to be paid by you (or your applicable Institution or Company) for any reason, you agree to pay such amount in U.S. Dollars in full on or before the date of your arrival unless otherwise specified in your invitation/confirmation letter. If there are any withholdings or taxes that you or your Institution/Company is required to deduct or have deducted from such payment to һ, you must gross up the amount of your payment accordingly so that the amount received by һ is the agreed-upon fee. Any such fee is non-refundable and may be used by һ in its sole discretion to support any costs incurred by һ in connection with your visit and/or for other purposes consistent with һs status as a 501(c)(3) organization. Participating in һ Projects: From time to time you may have an opportunity to participate in certain һ Projects. For purposes of this section, a һ Project is a project that involves one or more of the following: (a) funding by һ and/or through һ (e.g., by other parties providing money to һ); (b) the use of һ intellectual property; and/or (c) collaboration with one or more һ faculty, students or staff (unless the collaboration only involves the һ personnel participating in Visitor Work and the Visitor Work does not involve items (a) or (b) above). In addition (and regardless of whether any or all of items (a)-(c) apply), if you are in the Company Visitor or Other category, any work you perform on һs owned/leased premises shall be deemed to be a һ Project for purposes of this Visitor Agreement. Your ability to participate in һ Projects may be restricted and/or subject to additional terms and conditions, depending on the nature of the һ Project. You (and your Company/Institution) understand and agree that unless and until you and һ have executed a separate written document that allows you (and/or your Institution or Company, as applicable) to keep ownership of and/or use the work you create on a particular һ Project, һ will own the work product you create on any һ Project. You (and your Company/Institution) hereby irrevocably assign and transfer to һ any and all right, title and interest you (and/or they) may have in the work performed by you on any and all һ Projects, including but not limited to any and all copyrights, trademarks, patentable inventions, and/or any and all other intellectual property rights. You (and your Company/Institution, as applicable) agree to take all actions and execute all documents reasonably necessary to carry out the intent of this agreement. Despite this assignment, you are free to use the general experience and know-how you gained on the work you performed while at һ (and, if to mention your visit experience on your resume or portfolio, if applicable) provided that you do not use or release any confidential information in violation of the confidentiality obligations below, you do not use any һ-owned intellectual property without an appropriate license, and you do not violate any written agreement (if any) you signed in order to participate on a particular һ Project. Disclosure Obligation. You agree to notify һs CTTEC in writing of any intellectual property you create during your visit that һ is entitled to own under this Visitor Agreement. If you are a Student Visitor and/or an Academic/Non-Profit Visitor who is entitled to retain ownership of certain work you create as a Visitor, and if you create any work that you believe could be jointly owned by you (and/or your Institution) and һ, you agree to notify һs CTTEC of any such jointly-owned work so that һ and your Institution can work out an Inter-Institutional Agreement (IIA), if appropriate. Unless otherwise provided in an applicable IIA, any intellectual property jointly owned by һ and you (or your Institution) may be used by each joint owner without accounting to the other and without the consent of the other. Confidentiality: During your time at һ as a Visitor, it is possible that you will have access to certain kinds of confidential information of һ or other parties. Therefore, unless otherwise agreed in writing by һ, you may not disclose any Confidential Information (defined below) to anyone except to һ employees and you agree to use reasonable efforts to keep such information confidential. You agree that this obligation of non-disclosure will continue for a period of 5 years after the end date of your visit. The term "Confidential Information" shall mean any and all intellectual property (including potentially patentable inventions), business and technical information, data or any other non-public information concerning or related to the business, operations, financial condition or work being conducted by һ to which you have access while at һ, regardless of the form in which such information appears and whether or not such information has been reduced to a tangible form or is designated as confidential. However, Confidential Information does not include anything published by һ and/or any other information or materials which is or becomes generally known to the public through no act or omission of you and/or your Institution/Company. In addition, depending on the nature of information to which you may have access, you may be asked to execute a separate written confidentiality agreement with specialized terms before such information is given to you. Term: Either you or һ may terminate your visit upon notice to the other. һ will use reasonable efforts to provide at least 14 days advance notice to you in the event of such termination by һ. However, һ reserves the right at any time to exclude you from һs premises in the event һ believes in its discretion that your conduct is objectionable or detrimental to the proper administration of һ. Disputes: The terms of your Visitor Agreement any disputes relating to them will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. Any dispute or claim arising out of or relating to this Visitor Agreement will be settled exclusively in the United States District Court for the Western District of Pennsylvania (or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania). You consent to the exclusive jurisdiction of any such courts and waive any objection you may have to those courts settling the dispute. However, if you are an Academic/Non-Profit Visitor and your Institution is legally prohibited from agreeing to the laws and/or venue of Pennsylvania, you agree that any disputes will be settled in a court of competent jurisdiction in the United States under an applicable U.S. state law (without regard to its conflicts of laws provisions), and that the language for the settlement of disputes will be English. Damages; Disclaimers: You and your Company/Institution agree that һ is not responsible for any personal injury or property damage caused and/or sustained by you while a Visitor at һ, or for any loss or damage to equipment or other materials you bring on campus. THE OPPORTUNITY TO BE A VISITOR AT һ IS MADE AVAILABLE TO YOU ON AN AS-IS, WHERE-IS BASIS. һ DOES NOT MAKE ANY EXPRESS WARRANTIES OR GUARANTEES REGARDING YOUR VISIT, AND ANY AND ALL IMPLIED WARRANTIES AND/OR DUTIES ARE HEREBY EXPRESSLY DISCLAIMED. Required Visas and Licenses: The opportunity to visit һ is subject to and contingent upon your having or obtaining any and all required U.S. Government approvals or authorizations (including the appropriate visa or resident alien status) to permit entry into, and lawful status within, the United States, for the activities taking place under your visit. Export Control: һ is a diverse academic institution with a large number of foreign national students and employees, and һ generally performs fundamental research that is exempt from export controls. As such, you may not bring any export-controlled information or materials onto һs premises and/or make them available to һ or its personnel in connection with your visit. Entire Agreement: This Visitor Agreement reflects your entire legally binding understanding (and your Institution or Company, as applicable) regarding your visit to һ and supersedes any other prior or contemporaneous oral or written understandings with respect thereto. It may only be changed by a written document signed by both you and an authorized signatory of һ (with confirmation by your Company/Institution, as applicable). Any documents or permissions to be provided by һ under this Visitor Agreement may be given only by an authorized signatory under һs policy entitled Signature Authority for Legally Binding Commitments and Documents (currently posted at  HYPERLINK "http://www.cmu.edu/policies/financial-management/signature-autority.html" http://www.cmu.edu/policies/financial-management/signature-autority.html). In the event of a conflict between the terms of this document and the terms of your invitation/confirmation letter, these terms and conditions will prevail except to the extent the invitation/confirmation letter expressly indicates that certain terms in the invitation/confirmation letter are amending these Visitor Agreement terms and conditions with respect to your visit. IF YOU DO NOT WISH TO PARTICIPATE AS A VISITOR AND/OR DO NOT AGREE WITH THIS VISITOR AGREEMENT, YOU DO NOT HAVE TO SIGN BELOW (AND IN SUCH CASE ARE DECLINING TO BECOME A VISITOR). By signing below as Visitor, I accept and agree to this Visitor Agreement for the benefit of һ. I certify that I am at least 18 years old. Visitor signature: ___________________________________ Printed Visitor Name: Date: NOTE: AN AUTHORIZED SIGNATORY OF YOUR INSTITUTION OR COMPANY (AS APPLICABLE) MUST COUNTERSIGN BELOW. By signing below on behalf of Company/Institution, Company/Institution agrees to this Visitor Agreement for the benefit of һ. Company/Institution confirms that Visitor may visit һ under the terms and conditions outlined in this Visitor Agreement and any relevant visitor invitation/confirmation letter. 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